These Terms of Use ("Terms") govern your use of our mobile application and its versions(“App”), collectively referred to as the "Platform" made available by IMMETA SDN. BHD. ("Company", "we", "us" and "our"), a private company established under the laws of Malaysia having its registered office -Menara Exchange 106 Jln Tun Razak, Imbi, 55100 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur. The terms "you" and "your" refer to the user of the Platform.
Our Services (as we have described below in detail) and these Terms are compliant with the COMPANIES ACT 2016, and Information Technology Act, 2000, including all amendments made to it and rules framed under it. When you use our Platform, you accept and agree to these Terms.
You are required to follow certain rules while you use our Platform. We have listed these rules in this document. Please read these Terms and all other hyperlinks mentioned here carefully. Please note that by using our Platform, you agree to these Terms.
CHANGES TO TERMS AND SERVICES:
Our Platform is dynamic and may change rapidly. As such, we may change the services we provide at our discretion. We may temporarily, or permanently, stop providing Services or any features to you generally.We may remove or add functionalities to our Platform and Services without any notice. However, if we make a change where your consent is required, we will make sure to ask for it. Please be sure to keep visiting this page from time to time to stay updated on our latest changes and developments.
Visit this page to see any changes that we may make and services that we may add or modify, from time to time.
OUR SERVICES: We agree to provide you with our Services. The Services includes all of the Platform’s products, features, applications, services, technologies, and software that we provide to you. The Services is made up of the following aspects (the Services):
Our Platform lets users of the Platform to upload or post or otherwise make available content through the Platform including, without limitation, any photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise ("User Content").
When you publish any User Content on the Platform, you retain whatever ownership rights in that content you had to begin with. However, you grant us a license to use that content.
You also grant other users the right to share/ communicate such User Content for a limited private or non-commercial use alone.
Any User Content will be considered non-confidential. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or belonging to third parties, or in violation of applicable laws.
When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third-party platforms, and/or adopt any third party content.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services.v
You grant us a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute any User Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. You also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display User Content in any form and in any/all media or distribution methods (currently known or later developed).
To the extent it is necessary, when you appear in, create, upload, post, or send User Content, you also grant us unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content. This means, among other things, that you will not be entitled to any compensation if your data is used by us for marketing, advertising, or improving our Services.
While we are not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms as well as for purposes as mandated by applicable laws. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.
You further acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever.
You further acknowledge that, except as specifically permitted by us in these Terms or in any another agreement you may enter into with us, you have no right to receive any income or other consideration from any content that you publish on the Platform or your use of any musical works, sound recordings or audio-visual clips made available to you on or through the Services, including in any User Content created by you.
If you are a composer or author of a musical work and are affiliated with a performing rights organization, then you must notify your performing rights organization of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant performing rights organization’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain consent from such music publisher to grant the royalty-free license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms with us.
Authoring a musical work (e.g., wrote a song) does not necessarily give you the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.
We use the information we have, to study our Service and collaborate with third parties for research purposes in order to make our Service better and contribute to the well-being of our community.
SAFETY: Our aim is to foster a positive and inclusive community and provide amazing social experiences for all users. For this, we need you to agree that:
You will not use the Services for any purpose that is fraudulent, misleading, illegal or prohibited in these Terms.
You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
You will not post content that can be considered to infringe any Intellectual Property rights of any third party.
You will not falsely represent yourself as another person or representative of another person to use our Services.
You will not use or attempt to use another user’s account, username, or password without their permission.
You will not solicit login credentials from another user.
You will not post content that may be considered as harmful to minors. Please refer to the Content and Community Guidelines regarding the same.
You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence.
You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
You will not attempt to circumvent any content-filtering techniques we employ or attempt to access areas or features of the Services that you are not authorized to access.
You will not probe, scan, or test the vulnerability of our Services or any system or network.
You will not post any content that in any way or form threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or
public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
You will not encourage or promote any activity that violates these Terms.
You will not circumvent any feature, action, measure, or policy implemented/ imposed by us. For example, in the event you are banned from using the Services, you will not try to circumvent any account suspension or similar measures we may take against you.
INDEMNIFICATION: You agree to indemnify, defend and hold harmless us, and our subsidiaries, affiliates and agents and their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of: (i) your access to or use of the Platform and Services; (ii) any breach by you of your obligations under this Agreement; (iii) your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer protection right; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) your negligence or willful misconduct. This obligation will survive the termination of our Terms.
UNSOLICITED MATERIAL： We always appreciate feedback or other suggestions. We may use the same without any restrictions or obligation to compensate you for them and are under no obligation to keep them confidential.
GENERAL： The rights and obligations under the terms and conditions of previous versions of this App which were provided by any other provider of the App have been assigned to the IMMETA SDN.BHD. If any aspect of these Terms is unenforceable, the rest will remain in effect. Any amendment or waiver to our Terms must be in writing and signed by us. If we fail to enforce any aspect of these Terms, including reporting any illegal or impermissible actions to appropriate law enforcement authorities or blocking or suspending your profile, such failure to enforce our rights will not be a waiver by us. We reserve all rights not expressly granted to you.